339.5525 Assessment of penalties; determination; basis; transcript; time limits; issuance of final order; board member prohibited from participation in final determinatio
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339.5525 Assessment of penalties; determination; basis; transcript; time limits; issuance of final order; board member prohibited from participation in final determination.
Sec. 525.
(1)Within 60 days after a board receives an administrative law hearings examiner's hearing report under section 523, the board shall meet and make a determination of the penalties to be assessed under article 6. The board shall make its determination based on the administrative law hearings examiner's report. A transcript of a hearing or a portion of the transcript shall be made available to a board on request. If a transcript or a portion of the transcript is requested, the board shall make its determination of the penalty or penalties to be assessed under article 6 at a meeting of the board held within 60 days after it receives the transcript or portion of the transcript.
(2)If a board does not determine the appropriate penalty or penalties to be assessed within the time limits described in subsection (1), the director may determine the appropriate penalty and issue a final order assessing that penalty.
(3)A member of a board who has participated in an investigation on a complaint filed with the department or who has attended an informal conference under section 515(3) shall not participate in making a final determination in a proceeding on that complaint.
History: 2016, Act 407 , Eff. Apr. 4, 2017